Ahmedabad, The Gujarat High Court has asked the state government to take disciplinary action against two former Vadodara municipal commissioners in the boat capsizing tragedy, noting that they were guilty of dereliction of duty and abuse of official position.
A boat capsized in Harni Lake in Vadodara city on January 18, 2024, killing 12 schoolchildren and two teachers of a private school who were on a picnic.
In its order last week on a suo motu public interest litigation (PIL) in connection with the tragedy, a division bench headed by Chief Justice Sunita Agarwal said that Kotia Projects, which operated and managed the lake at that moment, "she cannot be said to be a qualified bidder in the process and, as such, there were no doubts about her selection."
The order became available on Tuesday.
Citing the report of the inquiry committee constituted by the government to probe misdemeanors on the part of government officials, the judges passed adverse comments on H S Patel and Vinod Rao, who were municipal commissioners during the period in question.
"In our provisional opinion, both the municipal commissioners appointed at the relevant time are guilty of dereliction of duty and abuse of office. In any case, M/s Kotia Projects cannot be said to be a qualified bidder in the process. and by therefore it was not his choice," the HC stated.
According to the inquiry committee, Patel, who was Vadodara municipal commissioner between February 25, 2015 and February 23, 2016, "should have looked critically at the bid of Kotia Projects, which had been disqualified in the first round of EOI and who subsequently qualified in the second round of EOI."
Patel was in office during the submission of bids in both rounds, the court noted.
As for Rao, who held the post between June 25, 2016 and July 17, 2018, the HC noted that two bidders were called to submit their respective final bids on the scope of work and price. One of them, Mangalam Construction Company, then withdrew from the process.
The inquiry committee had observed that when one of the two bidders withdrew and the second was disqualified in the first round, "the entire bidding process could have been reviewed, discarded and re-invited at this stage."
"In our opinion, the entire bidding process should have been 'reviewed/discarded', which is a reflection of sheer illegality in the bidding process," the court observed.
The proposal submitted by Rao to the standing committee on September 23, 2016 to select Kotia Projects as the successful bidder, "suffers from serious illegality", he said.
The approval of the proposal by the standing committee and general body of the Vadodara Municipal Corporation "is a matter of surprise", the court said.
The Principal Secretary of the Urban Development and Urban Housing Department of the Government of Gujarat should "seriously consider the manner of working of the standing committee and the general body", the top court said.
Meanwhile, the court also strongly disagreed with the inquiry committee's observation that the tendering process was the same as generally followed in urban local bodies and therefore no defect could be found in the process. .
It appeared that the committee was "trying to cover up the illegality committed in the matter of awarding the contract to Kotia Projects", the court said.
Necessary disciplinary action will be initiated against the offending officials based on the findings of the report, and the court should be informed of the outcome, he said.
A boat capsized in Harni Lake in Vadodara city on January 18, 2024, killing 12 schoolchildren and two teachers of a private school who were on a picnic.
In its order last week on a suo motu public interest litigation (PIL) in connection with the tragedy, a division bench headed by Chief Justice Sunita Agarwal said that Kotia Projects, which operated and managed the lake at that moment, "she cannot be said to be a qualified bidder in the process and, as such, there were no doubts about her selection."
The order became available on Tuesday.
Citing the report of the inquiry committee constituted by the government to probe misdemeanors on the part of government officials, the judges passed adverse comments on H S Patel and Vinod Rao, who were municipal commissioners during the period in question.
"In our provisional opinion, both the municipal commissioners appointed at the relevant time are guilty of dereliction of duty and abuse of office. In any case, M/s Kotia Projects cannot be said to be a qualified bidder in the process. and by therefore it was not his choice," the HC stated.
According to the inquiry committee, Patel, who was Vadodara municipal commissioner between February 25, 2015 and February 23, 2016, "should have looked critically at the bid of Kotia Projects, which had been disqualified in the first round of EOI and who subsequently qualified in the second round of EOI."
Patel was in office during the submission of bids in both rounds, the court noted.
As for Rao, who held the post between June 25, 2016 and July 17, 2018, the HC noted that two bidders were called to submit their respective final bids on the scope of work and price. One of them, Mangalam Construction Company, then withdrew from the process.
The inquiry committee had observed that when one of the two bidders withdrew and the second was disqualified in the first round, "the entire bidding process could have been reviewed, discarded and re-invited at this stage."
"In our opinion, the entire bidding process should have been 'reviewed/discarded', which is a reflection of sheer illegality in the bidding process," the court observed.
The proposal submitted by Rao to the standing committee on September 23, 2016 to select Kotia Projects as the successful bidder, "suffers from serious illegality", he said.
The approval of the proposal by the standing committee and general body of the Vadodara Municipal Corporation "is a matter of surprise", the court said.
The Principal Secretary of the Urban Development and Urban Housing Department of the Government of Gujarat should "seriously consider the manner of working of the standing committee and the general body", the top court said.
Meanwhile, the court also strongly disagreed with the inquiry committee's observation that the tendering process was the same as generally followed in urban local bodies and therefore no defect could be found in the process. .
It appeared that the committee was "trying to cover up the illegality committed in the matter of awarding the contract to Kotia Projects", the court said.
Necessary disciplinary action will be initiated against the offending officials based on the findings of the report, and the court should be informed of the outcome, he said.
